In any personal injury case, the plaintiff is required to present sufficient evidence to prove each element of the claim against the defendant and to support damages sought in the claim. Personal injury or wrongful death claims based on allegations of negligence generally require proof of four elements: legal duty; breach of legal duty; causation; and harm. Essentially, the plaintiff has to show that the defendant failed to abide by his or her legal obligations and thereby caused harm to the plaintiff.

Plaintiffs can run into challenges providing strong evidence for any of the elements of a personal injury or wrongful death claim, but it is particularly important to present strong evidence of breach of duty. There are a variety of ways to prove wrongdoing in truck accident litigation depending on the circumstances of each case, but one important area to pay attention to is noncompliance with safety regulations.

Trucking: a highly regulated industry

Trucking is a fairly heavily regulated industry, with regulations applying to virtually every aspect of operations under both state and federal law. Not only are there the rules of the road which apply to all drivers, and those applying to truck drivers in particular; there are also safety regulations applying to the day-to-day operations within trucking companies, management of truck drivers, drug and alcohol testing, transportation of hazardous materials, vehicle identification and maintenance, cargo securement, route planning, and various others.

In our next post, we’ll continue looking at this issue, particularly the hours of service rules and the importance of working with an experienced attorney to use safety regulation noncompliance to one’s advantage in motor vehicle accident litigation.

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